“Defending Marijuana Cases,” CLE Presented by Thomas C. Gallagher to Minnesota Society for Criminal Justice, June 15, 2018

On June 15, 2018 Thomas C. Gallagher, a Minneapolis Marijuana Crimes Defense Attorney, presented a Continuing Legal Education course to about 200 of the best defense lawyers in Minnesota, the Minnesota Society for Criminal Justice 33rd Annual DWI Seminar in Brooklyn Park, Minnesota.

Topics covered by Gallagher included:

  1. 73-victory-garden-poster-3-2Scheduling, both Minnesota and Federal
  2. Medical marijuana issues
  3. Medical necessity defense
  4. The small amount “resinous form” technical loophole
  5. Marijuana in a Motor Vehicle defenses
  6. Auto searches based on claimed odor of marijuana as probable cause
  7. Prolonged detention abuses and remedies
  8. Drug testing; screening vs. lab tests; false positives, proof of identity
  9. Weight issues
  10. Conflicts in law: definitions of marijuana vs. mixture vs. hemp
  11. Unconstitutional presumption of “intent to sell” based on possession
  12. Growing charged as sale even though no sale happened
  13. Circumstantial evidence and “construction possession”
  14. Circumstantial evidence isn’t enough unless inconsistent with any rational hypothesis except that of guilt.
  15. Passenger vs. driver; mere presence is not enough jury instruction
  16. The right to present a defense
  17. Jury nullification and the rule of lenity
  18. First Amendment religious freedom defense
  19. DWI-marijuana cases and their defense
  20. Half-life of blood THC
  21. THC vs THC-metabolites

If you are a lawyer, or a person with a question about marijuana and criminal law in Minnesota, you are invited to call Thomas Gallagher or leave a comment.

 

 

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